Kngwarrey on behalf of the members of the Irrkwal, Irrmarn, Ntewerrek, Aharreng, Arrty/Amatyerr and Areyn Landholding Groups v Northern Territory of Australia [2011] FCA 428

FEDERAL COURT OF AUSTRALIA

Kngwarrey on behalf of the members of the Irrkwal, Irrmarn, Ntewerrek, Aharreng, Arrty/Amatyerr and Areyn Landholding Groups v Northern Territory of Australia [2011] FCA 428 Citation: Kngwarrey on behalf of the members of the Irrkwal, Irrmarn, Ntewerrek, Aharreng, Arrty/Amatyerr and Areyn Landholding Groups v Northern Territory of Australia [2011] FCA 428

Parties: JOHNNY BARBER KNGWARREY, BILLY COOK APETYARR, STUART RUSTY AKEMARR, BANJO MORTON APETYARR AND SAM PETERSON APETYARR ON BEHALF OF THE MEMBERS OF THE IRRKWAL, IRRMARN, NTEWERREK, AHARRENG, ARRTY/AMATYERR AND AREYN LANDHOLDING GROUPS v NORTHERN TERRITORY OF AUSTRALIA and TELSTRA CORPORATION LTD

File number: NTD 6043 of 2001

Judge: REEVES J

Date of judgment: 5 May 2011

Catchwords: NATIVE TITLE – application for determination of native title under s 87 of the Native Title Act 1993 (Cth) – consideration of whether the parties have satisfied the criteria set out in s 87 such that the jurisdiction of the Court is enlivened – consideration of whether it is appropriate for the Court to make an order in terms of the agreement reached by the parties – parties filed joint submissions in support of a minute of a proposed consent determination and a statement of agreed facts – Held that the agreement is free and informed and that the terms of the proposed orders are unambiguous and clear.

Legislation: Native Title Act 1993 (Cth) ss 57, 66, 87, 87(1), 87(1)(a), 87(1)(b), 87(1)(c), 87(1A), 94A, 225, 225(a), 225(c), 225(d), 225(e)

Cases cited: Nelson v Northern Territory of Australia [2010] FCA 1343

Date of Last Submissions: 23 February 2011